TMHA: Bargaining Update

UPDATE | FRIDAY 24 MARCH |

Time to VOTE NO again!

In several days time TMHA Road Service Technicians and Workshop employees are going to have vote on whether or not to accept management's latest draft 'Enterprise Agreement'.

This is a very significant decision to make because it is going to govern the next 3.5 years of your working lives!

As many would now realise there has been significant changes made to the latest draft.

Make no mistake these changes were not voluntary on the part of TMHA management. They were driven by the AMWU involving the Fair Work Commission (FWC) in the bargaining process. Ultimately the AMWU wants the FWC to keep assisting, however management don't and hence why they are taking it to another vote.

It is also very important to note there are serious recommendations from the FWC that management have refused to adopt!

The FWC recommended that TMHA link the 'Drug & Alcohol Testing' clause to the 'Disputes Resolution Procedure' clause. As it presently stands if has an employee has an issue with the way management conduct testing (i.e. that is unfair or deliberately targeted) they have no legal leg to stand on. The union believes this is wrong.

The FWC also exposed a major flaw in the 'Disputes Resolution Process' clause. This is perhaps the most significant reason why everyone needs to vote "NO". The wording in this clause has always been very ambiguous and when we were in the FWC management quite clearly stated that employees can only take the company to the FWC for a dispute if management agrees to let that employee do so! This is outrageous. This is contrary to the most basic principles of justice and fairness.

In finishing off let's take another look at the offer: it is only an annual guaranteed pay rise of 1% with another 1% if an employee makes their KPI's. Like always these KPI's are not in the agreement and therefore management can 'move the goalposts' as they have done in the past! Management have also put a 0.5% increase on top for only the first year. Make no mistake this is exactly like a 'sign on bonus'. It only equates to a 'one-off' $300 payment that is subject to tax. In terms of money in your pocket it works out to be somewhere between $150-$200. Most of you would earn this in a few days of overtime!

And finally management's threat of no pay-rise for 2017 unless you all vote yes! This is commonly referred to as Industrial Blackmail! Please be aware that there is nothing in law that prevents TMHA from giving you pay rises. This is a choice they make!

Please let the union finish this fight for fairness.

Please send a message of 'we want fairness' to management - VOTE NO!

If you have any questions regarding this update please do not hesitate to contact Sean Morgan on 0438 678 671.

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UPDATE | FEBRUARY 20

TMHA have over the last two weeks met with bargaining representatives in each state and has held information sessions with employees to explain the minor changes to the agreement that YOU voted down in November last year.

Make no mistake no real bargaining has taken place in the last 2 rounds of meetings, the minimal changes proposed by TMHA are:

1. Wage Increases

The 2% wage offer Per Annum has not changed, TMHA have begrudgingly agreed to guarantee 1% per year but 1% still remains attached to KPIs set by management.

The 0.5% cash payment in the first year (effectively a sign on payment) represents just over $300 before tax for most workers is only payable in 2017 and does not increase pay rates.

2. Length of Agreement

TMHA have suggested a reduced agreement length from 4 years to 3.5 years but insist that the agreement run from the date of certification of the new agreement by Fair Work.

Even if members voted the agreement up in March, the best case scenario it would be unlikely to be approved by Fair Work before the end of June.

The agreement would run for three and half years, giving effect to a 4 year agreement from the expiry date of the current agreement on13 December 2016

The agreement should run for 3 years and should list the nominal expiry date from the date of the expiry of the last agreement, not the random date that the agreement is approved.

3. Suspension Without Pay

TMHA have again begrudgingly reinstated the provision that made sure that employees are paid when being investigated for alleged misconduct or drug and alcohol use.

To reinstate this important principle, the presumption of innocence until found guilty, is far from a concession, it is a right, a right that exists under the current agreement.

The Union has also proposed that swab testing is the best method of testing for impairment, TMHA have rejected this and continue to insist on Urine testing.

NEGOTIATIONS going forward

Last week the AMWU made an application to the Fair Work Commission (FWC) seeking the help of the FWC to force TMHA to Bargain in good faith.

That hearing is to take place on Monday 27 February and it is hoped that for the first time since members rejected the last agreement, TMHA will see an opportunity to agree to negotiate an agreement that is acceptable to all employees.

TMHA have threatened that if members don’t vote yes for an agreement before April 1 2017 then there will be no pay increase at all in 2017!

The Union rejects this type of threat and has demanded the company withdraw it.

The AMWU will continue to work with Union members and bargaining representatives in all states with the goal of making a new agreement that is fair for employees.

The Union has had TMHA in Fair Work to get TMHA to respect Union members rights/ claims and will continue to seek the assistance of Fair Work in getting TMHA to Bargain in Good Faith with all bargaining representatives.

For further information or questions you can contact: Warren Butler, Assistant National Vehicle Secretary | warren.butler@amwu.asn.au

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